Public Protector Busisiwe Mkhwebane. (Madelene Cronje)
Suspended public protector Busisiwe Mkhwebane on Tuesday called on the Judicial Service Commission to ignore the findings of the Mpati investigation into the infamous text message regarding a rescission application to the constitutional court and ensure any judges embroiled in the matter are removed from the bench.
“We’ve lodged a complaint with the Judicial Service Commission. I don’t think we should be worried about what Judge Mpati, and as well Zondo, indicated,” she said.
Mkhwebane made the comment in an interview on Twitter Spaces five days after Chief Justice Raymond Zondo published the findings of an inquiry carried out by former supreme court of appeal president Lex Mpati.
It concluded that the SMS could not have indicated a leak of the apex court’s order regarding the application, because none had been made at the time the message was sent. Mpati also accepted that the sender, Ismail Abramjee, did not receive any confidential information from justices Jody Kollapen and Dunstan Mlambo, and that messages he had sent both did not relate to the application.
Mkhwebane insisted that the mere fact that the judges communicated with Abramjee, who sent a message to an advocate representing parliament that the court had resolved to dismiss her application, was proof that the judiciary was “compromised” and cause for further, forensic investigation.
“I think as far as that matter is concerned the Judicial Service Commission must stay with this matter and I think they must not just brush it aside,” she said.
“This is evidence enough, we have proof that this Abramjee was speaking to the judges, even saying some judge colleague said the following, therefore advising the advocate of the speaker, and on top of that I think the JSC — if they want to deal with this and bring credibility to the judiciary — they must conduct an in-depth investigation.”
She added that the nature and extent of the communication between the judges and Abramjee must be uncovered.
“There are forensic companies that can do that and uncover that, so that they eliminate those individuals who are not supposed to be there.
“I always say I don’t want to say the judiciary, but then some of the judges are a problem in our system and we don’t need those kind of people to be deciding because the constitutional court has the final say and then they direct and dictate policy of what the country should be looking like and unfortunately reversing anything that has been achieved in the process.”
Mkhwebane described herself as the victim of an onslaught by the judiciary, the executive, the legislature and the mainstream media.
“I’m being used as a battle axe to break down this kingdom of darkness,” she said. “The main intention is to portray you as this evil person … So the media has played a very critical role in damaging my character.”
She said she learnt of her suspension by President Cyril Ramaphosa on June 9 through the media, and that she was surprised that he had issued a statement to this effect before communicating his decision to her legal team.
Mkhwebane has signalled that she will challenge her suspension. Ramaphosa suspended her pending the outcome of the parliamentary inquiry where she faces impeachment for misconduct and incompetence.
[/membership]